HB 1091 - AS AMENDED BY THE HOUSE
5Mar2026... 0657h
2026 SESSION
26-2510
09/08
HOUSE BILL 1091
SPONSORS: Rep. Newell, Ches. 4; Rep. A. Murray, Hills. 20; Rep. O'Rorke, Ches. 7; Rep. Scherr, Rock. 26; Rep. Wheeler, Hills. 33; Rep. D. Paige, Carr. 1; Rep. Beauchemin, Hills. 3; Sen. Fenton, Dist 10; Sen. Watters, Dist 4
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires municipalities to provide for a nonmonetary penalty that may be elected in lieu of a financial penalty for any ordinance or bylaw prohibiting sleeping or camping outdoors.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
5Mar2026... 0657h 26-2510
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Powers and Duties of Towns; Power to Make Bylaws. Amend RSA 31:39, III to read as follows:
III. Towns may enforce the observance of the bylaws by suitable penalties not exceeding $1,000 for each offense to enure to such uses as the town may direct, except that for any ordinance or bylaw prohibiting sleeping or camping outdoors, the town shall provide for a nonmonetary penalty that may be elected in lieu of a financial penalty. Options for nonmonetary penalties include, but are not limited to, community service, enrollment in a program designed to assist the individual with obtaining stable housing, and verification of secured stable housing. The option or options for a nonmonetary penalty shall:
(a) Be stated clearly in the ordinance or bylaw language; and
(b) Require that the individual who violates the ordinance or bylaw to elect the nonmonetary penalty, and if there are multiple nonmonetary penalties available, which penalty.
2 New Paragraph; Power of City Councils; Bylaws and Ordinances. Amend RSA 47:17 by inserting after paragraph XX the following new paragraph:
XXI. For any ordinance or bylaw prohibiting sleeping or camping outdoors, the city council shall provide for a nonmonetary penalty that may be elected in lieu of a financial penalty. Options for nonmonetary penalties include, but are not limited to, community service, enrollment in a program designed to assist the individual with obtaining stable housing, and verification of secured stable housing. The option or options for a nonmonetary penalty shall:
(a) Be stated clearly in the ordinance or bylaw language; and
(b) Require that the individual who violates the ordinance or bylaw to elect the nonmonetary penalty, and if there are multiple nonmonetary penalties available, which penalty.
| Date | Amendment |
|---|---|
| Feb. 24, 2026 | 2026-0657h |
| Date | Body | Type |
|---|---|---|
| Jan. 21, 2026 | House | Hearing |
| Feb. 13, 2026 | House | Exec Session |
| Feb. 13, 2026 | House | Floor Vote |
March 6, 2026: Introduced 03/05/2026 and Referred to Judiciary; SJ 6
March 5, 2026: Ought to Pass with Amendment 2026-0657h: MA VV 03/05/2026 HJ 6
March 5, 2026: Amendment # 2026-0657h: AA VV 03/05/2026 HJ 6
Feb. 24, 2026: Committee Report: Ought to Pass with Amendment # 2026-0657h 02/13/2026 (Vote 13-0; CC) HC 9 P. 4
Feb. 24, 2026: Executive Session: 02/13/2026 03:30 pm GP 159
Jan. 15, 2026: Public Hearing: 01/21/2026 03:30 pm GP 159
Dec. 1, 2025: Introduced 01/07/2026 and referred to Criminal Justice and Public Safety